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house fire

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J

jsargent

Guest
What is the name of your state?
Il My 9 yr old son was spending the night at his grandparents house, there was a house fire. He was injured pretty bad , he is still in the hospitial. I have already missed 2 wks of work. Can we sue the insurance co. without suing his grandparents?
 


I AM ALWAYS LIABLE

Senior Member
jsargent said:
What is the name of your state?
Il My 9 yr old son was spending the night at his grandparents house, there was a house fire. He was injured pretty bad , he is still in the hospitial. I have already missed 2 wks of work. Can we sue the insurance co. without suing his grandparents?


My response:

No. The insurance company didn't start the fire.

So, if the Grandparent(s) are negligent for your son's injuries and your expenses, then you sue them. Remember, the names on the complaint is merely a "formality" of law. The "real" deep pocket is the insurance company. So, don't worry about it; this is why the grandparents have homeowner's insurance.

IAAL
 
J

jsargent

Guest
reply

Thank you.... so they won't have to pay out of there pocket right? It wasn't there fault a cord under his bed over heated, they already lost there home, i don't want to hurt them anymore with a lawsuit.
 

I AM ALWAYS LIABLE

Senior Member
jsargent said:
Thank you.... so they won't have to pay out of there pocket right?

MY RESPONSE: That is absolutely correct. Again, that's why they have insurance. Caveat: Let's hope they have sufficient insurance coverage to pay the hospital bills . . . Otherwise . . .




It wasn't there fault a cord under his bed over heated,

MY RESPONSE: Actually, yes it was their fault. That's what we call "negligence" and negligence is the cause of "accidents". They didn't mean for it to happen, but they are the ones who had possession and control of that cord - - which was probably plugged into to an outlet with many other items that were plugged.



they already lost there home, i don't want to hurt them anymore with a lawsuit.

MY RESPONSE: You won't. The insurance company is on the hook for the G-Parent's negligence.

One last item. You had better start "terming" this as negligence on the part of the G-parents because if you don't, the insurance company won't pay, and will probably go after the electric cord manufacturer. That will really muddy up the waters.

IAAL
 

rosacombs

Junior Member
Not so fast...

Actually, the advice you received is not accurate. Negligence has a set definition in insurance law. This is something many "non-insurance" attorneys do not understand.

Here are some facts you may want to note. I am not giving you legal advice but just another perspective from the "other side".

If the grandparents had no knowledge that the cord had a problem, how could they have prevented the incident? In insurance liability, Negligence means that a "reasonable person" SHOULD have had foreknowledge of the event and did not attempt to prevent it.

Could they have known this would occur?
If not, there is a question as to whether the insurance policy would provide coverage.

However, if they have liability coverage they may also have limited medical coverage. Its a section of the policy that pays for people injured on the premises whether you are at fault or not. Its not a lot, but it is enough for most minor incidents.

Most importantly, no one here has mentioned who may be liable. If the cord had a manufacturing defect, then there may be a cause against the manufacturer and possibly the dealer. You need to get a report from the Fire Department and find out what the report states. Don't be surprised if the report is vague or inaccurate - the insurance company may have hired an arson investigator to determine the exact cause of the loss (proximate cause).

You can sue the grandparents for medical coverage but just because the fire started in their home does NOT mean that they are liable for the damages that occurred.

I could spend days explaining the reality of a plaintiff attorney and their "big pockets" theory, but I won't. No one wants to hear the truth anyway.

There are a few really good, honest plaintiff attorneys out there that will be glad to help you for a fair fee. Watch out for contingency fees - double check the contract!!!

Good luck and I hope your family gets well soon!
 

I AM ALWAYS LIABLE

Senior Member
rosacombs said:
Actually, the advice you received is not accurate. Negligence has a set definition in insurance law. This is something many "non-insurance" attorneys do not understand.

Here are some facts you may want to note. I am not giving you legal advice but just another perspective from the "other side".

If the grandparents had no knowledge that the cord had a problem, how could they have prevented the incident?

MY RESPONSE: I never said that the cord had a problem. I did say that it may have been plugged in with too many other plugs. That was an example. Additionally, we all have an "ongoing and continuing duty" to inspect our personal property; e.g., if the cord is frayed, or if a plug is plugged into an outlet with too many other electrical plugs.



In insurance liability, Negligence means that a "reasonable person" SHOULD have had foreknowledge of the event and did not attempt to prevent it.

Could they have known this would occur?

MY RESPONSE: The "reasonable person" rule dictates the common knowledge that if a cord is frayed, or is plugged into an outlet with too many other electrical plugs, an incident; e.g., a fire, has a reasonable chance to occur. We cannot, as property owners, place our heads in the sand and just hope for the best.





Most importantly, no one here has mentioned who may be liable. If the cord had a manufacturing defect, then there may be a cause against the manufacturer and possibly the dealer.

MY RESPONSE: Ah, hem. Please read my above response again. I said, "One last item. You had better start "terming" this as negligence on the part of the G-parents because if you don't, the insurance company won't pay, and will probably go after the electric cord manufacturer. That will really muddy up the waters."




You can sue the grandparents for medical coverage but just because the fire started in their home does NOT mean that they are liable for the damages that occurred.

MY RESPONSE: If the G-Parents are the proximate cause of the fire, then yes, they are liable - - not only for the medical, but also for the General Damages.




I could spend days explaining the reality of a plaintiff attorney and their "big pockets" theory, but I won't. No one wants to hear the truth anyway.

MY RESPONSE: I do, I do!




There are a few really good, honest plaintiff attorneys out there that will be glad to help you for a fair fee. Watch out for contingency fees - double check the contract!!!

MY RESPONSE: Really, just a few? Wow! It's like spinning the Roulette Wheel for you, isn't it? Remember, don't step on a crack - - you'll break your Momma's back!

What faults to you find with contingency fee agreements? A "fair" fee is 33 1/3% before litigation, and 40% at the commencement of litigation. What would you like our writer to "double check". Don't just say "double check" and leave that statement hanging . . . Tell us what you'd like the writer to "double check" for in the contract.


IAAL
 
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B

blameshifting

Guest
"MY RESPONSE: The "reasonable person" rule dictates the common knowledge that if a cord is frayed, or is plugged into an outlet with too many other electrical plugs, an incident; e.g., a fire, has a reasonable chance to occur. We cannot, as property owners, place our heads in the sand and just hope for the best."

A frayed cord has a potential for overheating or causing an electrical shock. A reasonable person should know that. Plugging a cord into an outlet with too many other things plugged in (to the outlet) will not cause a cord to overheat.
 

rosacombs

Junior Member
Ummm...law degree?

Umm...I believe that the poster stated that the G-parents were not aware that the cord would catch fire. Where do you get "frayed" or failure to maintain their residence from that statement? You are jumping to wild conclusions with no facts or basis.

"Muddy the waters?" Do you really think that an insurance adj won't know that you are stretching the truth (lying)? They know - they just can't always say so. The facts of the loss will speak for themselves in the majority of instances. Not all arson investigators are clueless! By the way, it is an insurance company that will be representing the manufacturer. So, why not go after the "real culprit's" big pockets? If the facts are there, you deal with what you have.

Lying is never wise nor needed. Making G-parents out to be liable to get "coverage" is making them out to have known they could have burnt their g-children. What kind of attny would advise such actions? Hmmm....I know! I know!

The truth is too ugly for people to understand. Spend a day behind a closed door with a plaintiff attorney and your concept of honesty and fair play will be turned upside-down. Mine sure was.
 
J

jsargent

Guest
Thank you all!!!

:confused: Okay, I think I got it I will get a report from the fire dept. They had a window air cond. plug in an exten. cord. I don't know if it was a heavy duty cord or just a small on. But like you said that didn't plan on the fire. I really don't want to point fingers at anyone and it sorta seams like that is what I have to do to get things taking care of. Thank you all for your help!!
 

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